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(영문) 서울행정법원 2016.04.21 2015구합60686
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s husband, B (C) worked at the Korea Coal Corporation's Mining Center, a coal dust-off business establishment from November 1, 1959 to January 1, 1982.

B was judged as Grade 11 due to pneumoconiosis in around 1982, and in the result of the final diagnosis of pneumoconiosis in March 2009, the disability grade was determined as Grade 11 ( Pneumoconiosis type 4A and cardiopulmonary function F0).

B, on August 28, 2013, the Plaintiff complained of the difficulty in respiratory, breath, outpatients, and two pains, and died on August 31, 2013.

(hereinafter referred to as “the deceased”). The direct death of the deceased on the death report is a acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Re

The Plaintiff claimed the Defendant to pay survivors’ benefits and funeral expenses on the ground that the deceased’s death constitutes occupational accidents. However, on June 5, 2014, the Defendant rendered a decision on survivors’ benefits and funeral funeral expenses on the ground that it is difficult to deem the deceased’s death due to pneumoconiosis and its merger.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire arguments and arguments by Gap’s evidence Nos. 3, 5, and 7 is legitimate, and as such, there is a proximate causal relation between the deceased’s death and the pneumoconiosis.

Therefore, the death of the deceased constitutes occupational accidents and the disposition of this case by the defendant who rejected the Plaintiff’s claim for the payment of survivors’ benefits and funeral expenses on a different premise is unlawful.

The attached Form of the relevant statutes shall be as follows.

Facts of recognition

The results of the precise diagnosis of the deceased, such as the result of the precise diagnosis of pneumoconiosis, conducted with respect to the deceased from 1982 to 2011 are as follows.

As a result of the diagnosis of the diagnosis period ( pneumoconiosis review), the determination of the function of chest radiation pulmonary radiation pulmonary function by the examination agency for the examination period was made on June 7, 1982 to June 6, 1982.

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